PARAGUAY
Reported in 2021
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no express regulatory mandate requiring passive infrastructure sharing for the fixed or mobile telecommunications sector. However, it is reported that passive infrastructure sharing is practiced through commercial agreements.
Coverage Telecommunications sector
Source
PARAGUAY
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Lack of participation to the Patent Cooperation Treaty
Paraguay has not joined the WIPO Patent Cooperation Treaty.
Coverage Horizontal
PARAGUAY
Since October 1998
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 1328, on Copyrights and Related Rights (Ley No. 1328, de Derecho de Autor y Derechos Conexos)
Title 5 - Chapter 1 of Law No. 1328 provides a legal framework with clear exceptions of copyright and related rights under which the authorization of the author is not necessary. However, there is no clear fair use or fair dealing framework.
Coverage Horizontal
PARAGUAY
Reported in 2017, 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Paraguay reportedly failed to apply sufficient sanctions to deter future acts of infringement or to ensure that government institutions use properly licensed software.
It is reported that the rate of unlicensed software installation in the country was 83% in 2017, for a commercial value of USD 76 million.
It is reported that the rate of unlicensed software installation in the country was 83% in 2017, for a commercial value of USD 76 million.
Coverage Horizontal
Sources
- https://ustr.gov/sites/default/files/IssueAreas/IP/2021%20Notorious%20Markets%20List.pdf
- https://ustr.gov/sites/default/files/files/reports/2021/2021%20Special%20301%20Report%20(final).pdf
- https://www.americasquarterly.org/article/how-latin-americas-governments-compare-on-anti-piracy/
- https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
- Show more...
PARAGUAY
Since April 2012
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Law No. 4427, which establishes incentives for the production, development or assembly of high technology goods (Ley No. 4427, que establece incentivos para la producción, desarrollo o ensamblaje de bienes de alta tecnología)
According to Art. 4 of Law No. 4427, foreign natural persons who plan to apply for a program of incentives in sectors dedicated to producing, developing and/or assembling high-tech goods in the areas of electronics, telecommunications and information technology, must have permanent residence in the country for a minimum of two years prior to the presentation of the application to the authority.
Coverage Electronics, telecommunications and information technology
PARAGUAY
N/A
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Foreign ownership restriction in state-owned enterprise
It is reported that the telecommunications sector is open to competition, except for fixed lines and international carrier services, which remain under State monopoly with the Compañía Paraguaya de Comunicaciones. This is despite full foreign ownership being allowed in the telecommunications sector.
Coverage Telecommunications sector
PARAGUAY
Since December 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 7021 on Public Procurement and Contracting (Ley No. 7021 de Suministro y Contrataciones Públicas)
Art. 33 of the Public Procurement and Contracting Law provides for the classification and procedure of public procurement. It establishes a more favorable criterion for international bidders that incorporate in their offer the use of human resources of the country and/or the acquisition and lease of goods produced in Paraguay. Art. 33 also establishes the obligation to register an address in Paraguay or to designate a local representative, for the purposes of the relevant communications at the time of contracting in the case of a foreign bidder.
Coverage Horizontal
PARAGUAY
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of signature of the WTO Agreement on Government Procurement (GPA)
Paraguay is not a signatory of the WTO Agreement on Government Procurement (GPA), but it participates in the Government Procurement Committee as an observer.
Coverage Horizontal
PARAGUAY
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
3.05%
Coverage rate of zero-tariffs on ICT goods (%)
46.13%
Coverage: Digital goods
LIBERIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on Electronic Communications
Liberia did not sign the United Nations Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
LIBERIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of the UNCITRAL Model Law on Electronic Signatures
Liberia did not adopt the Model Law on Electronic Signatures.
Coverage Horizontal
LIBERIA
Since 2015
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Liberia National Policy on The Use of The ".Gov.Lr" Domain Name
The Liberian National Policy on Domain names (UGDn-RL/MPT-FBN/ZT/ddw/2015/005) requires that the use of Liberia Internet Country Code Top-level domain (".lr") shall only be given to entities with local presence and intent in Liberia.
Coverage Horizontal
LIBERIA
Since April 2020
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Liberia Business Corporation Act, 2020
The Business Corporation Act (Chapter 3, Paragraph 3.1) requires a local presence or agent of the foreign supply in order to be allowed to provide such commercial services in Liberia.
Coverage Horizontal
LIBERIA
Since December 2019
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Liberia Modernized Customs Code of 2018
According to the Section 1640 of the Liberian Modernized Customs Code Act, Liberia has prescribed a de minimis (that is the minimum value of goods below which customs do not charge duties) of USD 100 (SDR 74), that the Minister of Finance should use as a threshold in setting the applicable de minimis amount. It is reported that the de minimis in practice is applicable at the airports where small consignment of goods are imported or exported, but it hardly applies at the seaports through which large consignment of goods enter or leave the country.
Coverage Horizontal
LIBERIA
Since 2010
Pillar Content access |
Sub-pillar Restrictions on online advertising
Investment Act of 2010
The Act restricts foreign investments in advertising, graphics and commercial artists. It allows foreign investors only if a foreign investor total investment capital is not less than US$ 500,000.
Coverage Advertising, Graphics and Commercial Artists